4910 27TH AVE W 2018-01-02 MF Import

ELMER E. JOHNSTON, JR.L(�� L ATTORNEY AT LAW Ic V F3 1990 3411 OAKES AREA CODE 206 EVERETT, WA98201 TELEPHONE 259-3922 November 5, 1990 EVERETT BUILDING DEPT. HUED Mr. James D. Iles, Assist 1ty Attorney "J NOV 0 B 15�-i Office of tlh City Attorne NOV 19�0 City Hall 3002 Wetmore CITY U;% p: ► T City Attumey's Office Everett, WA 98201 Re: Revised Mitigated DNS SEPA No. 36-89; Short Subdivision No. 7-89(Revised); Building Permit No. 25612-Sterling Homes Northwest, Inc. Dear Mr. Iles: On Friday, November 2, 1990, I was informed by Mr. Richard Farrar that he received a phone call from Mr. Richard McArdle of Consultants Wight & Hardt that developer Sterling Hares intended to on Monday, November 5, 1990: 1) Conmence construction on a single family residence on the lot inmediatly in front of and north of Mr. Farrar's residence; 2) Commence testing, with a back -hoe or other similar: large equipment, a parcel inTrediately beside and on the west of Mr. Farrar's house. This was disturbing news to Mr. Farrar because: 1) He was assured that noting would be done on the lot in front of his house until the DNS pending was disposed of; and 2) He fears the operation of heavy equipment near his house might endanger his house, its foundation and support lateral and otherwise. After a series of phone calls to the Departments of Planning and Community Development and Public Works, a stop work order was placed on the property. (See copies of Permit, supporting documents and Stop Work Order.) I discussed this matter with Mr. Larry Crawford of Public Works who indicated th&t he would be in contact with your office in this matter. The purpose of this letter is to provide as complete and concise a statement of the problem as time will permit. Stream Keepers and various neighbors filed appeals under the nu-')---rs as indicated above in March, 1990. (Copies Attached). At that time, both orally and in writing, they made the point clear that they considered the property innediately north of Mr. Farrar's house to be subje-` to the appeal because it was physically and hydrologically connected he short plat subject to the appeal. Various assurances were given wh .ad Stream Keepers and Mr. Farrar to believe nothing would be done by the City to approve any building permit on that property notwithstanding it had been removed from the most recent submittal for plat approval. The lot subject to the building permit was included as part of at least two previous plat submissions by the developer, but for lscme reason he "excepted" it out of the present submittal. It has always been under the same ownership ie Novak then Farrar'b grantor. The Sterling Homes propery's western edge includes Powder Mill Gulch Stream and wetlands and wetland indicators are found throughout. Stream Keepers' position on the appeal is set forth in the attached DNS and Short Subdivision appeal documents. Stream Keepers were able to get Robert Aldrich of Kramer, Chin & Mayo to examine the property next to Mr. Farrar's house on Satarday, November 3, 1990. He says the properties are hydrologically connected. A copy of his